Warning how farmers help each other with work is a potential liability insurance

  • Warning how farmers help each other with work is a potential liability insurance
    FarmIreland.t. E.
    Although culture helps and trade of labour between farmers is dying out in many parts of the country, there are times when assistance from family members or neighbors carries a greater burden for the farmer from the standpoint of liability and insurance than most realize.
    https://www.independent.ie/business/farming/legal-advice/warning-as-farmers-helping-each-other-out-with-work-poses-potential-insurance-liability-37168634.html
    https://www.independent.ie/business/farming/article37168633.ece/73348/AUTOCROP/h342/2018-07-31_bus_42804008_I1.JPG

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Although culture helps and trade of labour between farmers is dying out in many parts of the country, there are times when assistance from family members or neighbors carries a greater burden for the farmer from the standpoint of liability and insurance than most realize.

Most of agricultural insurance policies to cover civil liability, which typically covers visitors and potentially, even of offenders on the lands.

However, if the guest farm provides work for farmers/land owners, they may be considered an employee in the meaning of the insurance policy and the policy may not cover these people, if they have an injury on the farm.

An important distinction between ‘worker’ and ‘the visitor’.

If a person performs work on the farm, it is likely that they will be treated as an employee, not a Guest, even if they are not paid a salary from the farm. If a person is considered an employee of the insurance cover for employer liability is needed to protect farmers from possible claims in the event of an accident/injury.

There are a number of factors that the farmer needs to keep in mind when having family/friends/neighbours to carry out work or household assistance.

The staff of neighbors in

In many cases, where the owner of a farm insurance policy to cover injuries to employees, document the risk assessment will be requested by the insurer.

Farmers (although the vast majority of self-employed) must prepare a statement on security in accordance with section 20 of 2005 safety, health and well-being in the act of working.

See Also


I’m not happy inspector of the Department, what can I do?

It should be based on hazard identification and risk assessment. This will ensure their own safety and the safety of others.

However, farmers with three or fewer employees may instead follow the instructions of the health and safety Code 2006 under the title ‘Code of practice for the prevention of accidents and occupational diseases in agriculture and risk assessment within the framework specified in this rulebook.

Template of document risk assessment can be found online at the ASP.t. E.

In both cases, the risk assessment should be conducted for all minors involved in work activities, assisting farmers in creating farm.

Manual safety, or the Agriculture code of technological practice in fact is a document that outlines how health and safety should be managed on the farm.

It will include an assessment of all hazards on the farm, with the assessment of the risk of injury.

Where the risk of injury is high, identified control measures to eliminate or reduce the risk.

Any person using the machine or performing any activities that carry risk should be provided with proper instructions before you carry out any tasks.

Liability may fall back on the employer in damages as a result, the employee does not receive appropriate training, for example, spraying and other tasks involving heavy machinery.

Employers should also take into account the environment and the safety of the environment, which they offer employees. Mechanisms and tools lying around can lead to injuries and potential lawsuits against the employer. If you are going to have friends/neighbors on the farm to carry out the work, you need to look in the farmyard, as in the workplace, and to consider the potential dangers that may exist.

Hiring Contractors

For those who prefer to hire contractors, you don’t have to worry about paying ‘stamps’, etc. for the contractors, however, you should take into account such factors as you have the appropriate insurance policy? The landowner generally is not liable for dangers created by the plot due to the negligent or dangerous actions of employees of the contractor. However, the landowner has taken all reasonable steps in the circumstances. So you have to do is to make sure that you have taken reasonable care?

The biggest question occurs to the landowner, where he knows the security measures used by the contractor are not sufficient and/or dangerous.

You should ask around as to the competence of the contractors and to comply with safety rules. You should also make sure that drivers are over the legal age and capable, and careful. If you know the contractor is not able to do the job, then You should not hire them.

The problems and difficulties around proper insurance for farmers a lot and becoming more complex. The revision of existing policies of insurance with the broker revealing the Type of work that you can use on the farm will guarantee that your policy fits the needs of Your company and most importantly protects you from potential claims rejected by your insurer.

This article is intended as a General guide only and you should seek professional advice concerning your individual circumstances.

Teresa Murphy, a Barrister based in Ardrahan, co. Galway.

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